If you are a pet owner this is something you are going to want to read!
A class-action lawsuit was filed against Diamond Pet Foods and Costco Wholesale after it was alleged that these brands allowed products contaminated with Salmonella to be brought to market in 2011 and 2012.
The ingestion of Salmonella by animals can cause serious illness or even death. The Defendant admit carrying out a voluntary recall on the products in question, however they deny that the products actually caused any animal illness or death.
Neither side was declared right, but instead decided to settle.
WHO’S ELIGIBLE TO CLAIM
If you are a Canadian Resident who purchased an affected product, did NOT return or exchange the product and did not sign a release in favour of the defendants, you are eligible to file a claim in this lawsuit.
THE AFFECTED PRODUCTS
These affected products were in the stream of commerce in 2011 and 2012 and were subsequently recalled on April 6, April 26, April 30 and May4/5 of 2012.
Apex Chicken and Rice Dog (20-lb and 40-lb bags; Production code ACD0101B32; Best By January 24, 2013)
Canidae Dog Dry Dog Food, All Life Stages (All packages sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
Canidae Dog Dry Dog Food, Chicken Meal & Rice (All package sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
Canidae Dog Dry Dog Food, Lamb Meal & Rice (All packages sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
Canidae Dog Dry Dog Food, Canidae Platinum (All packages sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
Chicken Soup for the Pet Lover’s Soul (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Country Value (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number ”2″ or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Diamond (All package sizes and formulas; Best Before between December 9, 2012and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Diamond Naturals (All package sizes and formulas; Best Before dates betweenDecember 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Diamond Naturals Small Breed Adult Dog Lamb & Rice Formula (Samples, 6-lb bags, 18-lb bags; Production Code DSL0801; Best Before 20-Oct-2012, 26-Aug-2012, 27-Sept-2012 and 18-Oct-2012)
Kirkland Signature Super Premium Adult Dog Lamb, Rice & Vegetable Formula (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
Kirkland Signature Super Premium Adult Dog Chicken, Rice & Vegetable Formula (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
Kirkland Signature Super Premium Mature Dog Chicken, Rice & Egg Formula (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
Kirkland Signature Super Premium Healthy Weight Dog Formulated with Chicken & Vegetables (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
Kirkland Signature Nature’s Domain Salmon Meal & Sweet Potato Formula for Dogs (December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
Natural Balance Sweet Potato & Venison Dog (5 lb bag; Best By December 12, 2012;December 13, 2012; March 13, 2013)
Natural Balance Sweet Potato & Venison Dog (15 lb bag; Best By December 12, 2012; December 13, 2012; December 14, 2012; March 5, 2013; March 6, 2013)
Natural Balance Sweet Potato & Venison Dog (28lb bag; Best By December 12, 2012;December 13, 2012; December 14, 2012; March 5, 2013; March 6, 2013; March 7, 2013; March 8, 2013; March 12, 2013)
Natural Balance Lamb Meal & Brown Rice Dog (5 lb, 15 lb, and 28lb bags; Best ByDecember 10, 2012; December 21, 2012; December 22, 2012)
Natural Balance Sweet Potato & Bison Dog (5 lb bag; Best By December 17, 2012;December 18, 2012; December 28, 2012; December 29, 2012)
Natural Balance Sweet Potato & Bison Dog (15 lb and 28 lb bags; Best By December 9, 2012; December 17, 2012; December 18, 2012; December 28, 2012; December 29, 2012);
Natural Balance Vegetarian Dog (5lb bag; Best by December 9, 2012)
Natural Balance Lamb Meal & Brown Rice Dog Large Breed Bites (28 lb bag; Best ByDecember 12, 2012; December 20, 2012; December 21, 2012)
Natural Balance Lamb Meal & Brown Rice Dog Small Breed Bites (5 lb and 12.5 lb bags; Best By December 21, 2012)
Premium Edge (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Professional (All package sizes and formulas; Best Before dates between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
4Health (All package sizes and formulas; Best before dates between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Solid Gold WolfKing Large Breed Adult Dog Food (All sizes; Best Before December 30, 2012)
Solid Gold WolfCub Large Breed Puppy Food (All sizes; Best Before December 30, 2012)
Taste of the Wild (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
Wellness Complete Health Super5Mix Large Breed Puppy (15 lb and 30 lb bags and 5 oz. sample bags; Best Before January 9 2013 and January 11, 2013);
COMPENSATION RECEIVED
Those who file claims in this lawsuit will be divided into 2 Sub-Classes. Each Sub-Class qualifies for different compensation
SUB-CLASS 1
You bought but did NOT feed the product to your pet(s) OR you DID feed the product to your pet(s) but they did NOT become sick.
You may be eligible to receive compensation for bags actually purchased up to a maximum equal to the retail value of two (2) bags of product per pet
SUB-CLASS 2
You DID feed the product to your pet(s) AND you sustained monetary loss because of the injury and/or sickness of your pet(s) as a result of their ingestion of the product OR you sustained monetary loss because of the death of your pet(s) as a result of their ingestion of the product
You may be eligible to receive compensation for bags actually purchased up to a maximum equal to the retail value of two (2) bags of product per pet AND full reimbursement of the actual cost of treatment for your pet(s) AND if your pet died, the fair market value of the pet(s) in question.
WHAT PROOF IS REQUIRED TO CLAIM
SUB-CLASS 1
You must complete a sworn statement declaring which products you have purchase and where. You may also submit cancelled cheques, copies of receipts or credit card statements, but it’s not required.
SUB-CLASS 2
You must complete a sworn statement declaring which products you have purchase and where. You may also submit cancelled cheques, copies of receipts or credit card statements. AND, For veterinary/testing/medications, you must provide a bill, letter or other writing from vet, laboratory or facility to establish charges & costs. AND, For death of a pet, the claimant must explain the details of the death, provide a licensed vets written statement connecting the pet and the Products as well as documentation regarding the value of the deceased pet (estimate or letter from breeder)
DEADLINE
All claims must be filed by May 30, 2016. Cheques for approved claims will begin to be mailed, at the earliest, starting June 6, 2016. However, the Administrator will only begin paying Eligible Claims once all Disputed Claims have been resolved and the appropriate shares have been determined between both classes.
